Federal Court of Australia
CATCHLORDS BAYKRUDTCY - bankruptcy notice - application to set aside notice on
ground Lhat sum specified in notice as amount due to creditor allegedly ervcecd- emount in fact due - whether overstatement could reasonably have misled the
debtor - whether overstatement determined at time of issue or service of notice whether defect 1n notice fundamental - whether fundamental defect 15 determired
by 1uference to Lhe debtor in question or a_ hypothetical debtor - "prescrited
form" of notice,
Bankruptcy Act 1966 ss. 41, 306
Tunkruntcy Rules r.3
RO: NCNRY FREDERICK HEATON WALSH ro. 8 2802 OF 1982 . 13 DCCEMNBER 1982
'AT SYDNDY
{WN THD FEDERAL COURT OF AUSTRALIA
GENCDRAL DIVISION
NO. B 2802 OF 1982
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE ) ) OF NEW SOUTID WALES AND THE )
)
)
AUSTRALIAN CAPITAL TERRITORY
RE: "HDONRY "FREDERICK HCATON WALSH
Applicant
ORDERS JUDGE MAKING ORDERS: LOCKHART J, WHERE MADE: AT SYDNEY DATE OF ORDERS: 13 DECEMBER 1982
THE COURT ORDERS THAT:
1. The order for extension of time for compliance with the requirements . of bankruptcy notice "o, 2802 of 1982 previously made be varied so that the debtor may compiy with those requirements up to and including 20 December 1982 but no longer,
2. The application be otherwise dismissed,
3, The debtor pay the creditor's costs of the application including
reserved costs.
[eM eA BESTT ST I ee eee, Tee WS Se retcetag = gah
LRT LEE PONE Le gE
ce eed
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"
iN THE FLDEKAL COURT OF AUSTRALIA
GENEKAL DIVISION Nc. B. 26062 OF 1982
BANKRUPTCY DISTRICT OF THE STATE
NLW SCUTH LALES AND THE
AUSTRALIAN CAPITAL TERRITORY
Ree eee"
kE: HENRY FREDLRICK HEATON LALSH
APPLICLLT
REASONS FOR JUDGMENT
AT_SYDNLY
13 DECELBER 1982
LOCKHART J. I propose to give judgment nov. notwithstanding that
important questions of bankruptcy lav arise for determinaticn in
this case. But I have reached a tirm view as to the result and
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